Simple English definitions for legal terms
Read a random definition: implied consent
The reasonable-use theory is a principle that says people who own land near a body of water can use the water as long as it doesn't harm the water available to others downstream. For example, if someone has a river running through their property, they can use the water for things like irrigation or drinking, but they can't use so much that it leaves nothing for their neighbors downstream. In the oil and gas industry, there is a similar principle called the reasonably-prudent-operator standard, which means that companies must act in a way that a reasonable and competent operator would, taking into account the interests of both the company and the landowner.
The reasonable-use theory is a principle that allows owners of riparian land to use their water in a reasonable manner, as long as it does not affect the water available to lower riparian owners.
For example, if a farmer owns land next to a river, they can use the water from the river to irrigate their crops. However, they cannot use so much water that it significantly reduces the amount of water available to their downstream neighbors.
The reasonably-prudent-operator standard is a test used in the oil and gas industry to determine if a lessee has complied with implied lease covenants. The test considers what a reasonable, competent operator in the industry would do under the circumstances, acting in good faith and with economic motivation, and taking into account the lessor's interests as well as that of the operator.
For example, if an oil company leases land for drilling, they must operate in a manner that a reasonable, competent operator would under similar circumstances. This means they must take steps to prevent environmental damage, ensure worker safety, and maximize the economic benefits of the operation.